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In Jarnail Singh v. Lachhmi Narain Gupta (2018), the Supreme Court extended the 'creamy layer' concept to reservation in promotions for SCs/STs, holding that:
- Creamy layer exclusion violates constitutional scheme for SCs/STs
- Creamy layer exclusion applies to SCs/STs in promotions to ensure benefits reach neediest, but State need not collect quantifiable data on backwardness
- Creamy layer exclusion applies only to OBCs, not SCs/STs
- Creamy layer exclusion is optional for States to implement
Answer: Creamy layer exclusion applies to SCs/STs in promotions to ensure benefits reach neediest, but State need not collect quantifiable data on backwardness
Creamy layer extension to SC/ST promotions: (a) Jarnail Singh (2018): Extended creamy layer exclusion (from Indra Sawhney for OBCs) to reservation in promotions for SCs/STs: (i) Rationale: Ensure benefits reach neediest within SCs/STs; advanced sections excluded based on income, occupation, education, (ii) Modification of M. Nagaraj: State need not collect quantifiable data on backwardness for SCs/STs (presumed backward), but must prove inadequacy of representation, maintain administrative efficiency, (b) Applications: (i) State implementation: States apply creamy layer criteria to SC/ST promotions in education, employment, (ii) Verification: Mechanisms to identify creamy layer within SCs/STs based on income, parental occupation, education, (iii) Judicial review: Courts examine whether creamy layer exclusion properly implemented, (c) Challenges: (i) Data accuracy: Reliable income/occupation verification for creamy layer determination, (ii) Social dynamics: Creamy layer criteria may not capture all dimensions of advantage within SCs/STs, (iii) Political pressures: Resistance to exclusion from beneficiary groups, (d) Broader principle: Substantive equality requires ensuring affirmative action benefits reach most marginalized; calibrated approach balances group justice with intra-group equity, (e) Illustrates adaptive affirmative action: Extending creamy layer to SCs/STs promotions ensures reservations achieve transformative justice for neediest without undermining merit/administrative efficiency.